Common use of OWNER’S RIGHT TO STOP THE WORK Clause in Contracts

OWNER’S RIGHT TO STOP THE WORK. In the event the CM/GC fails or refuses to perform the Work as required or fails or refuses to correct nonconforming Work, the Owner may instruct the CM/GC to stop Work in whole or in part. Upon receipt of such instruction, the CM/GC shall immediately stop as instructed by the Owner and shall not proceed further until the cause for the Owner's instructions has been corrected, no longer exists or the Owner instructs that the Work may resume. In the event the Owner issues such instructions to stop, and in the further event that the CM/GC fails and refuses within seven (7) days of receipt of same to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, and without prejudice to other rights or remedies the Owner may have, to carry out the Work with its own forces or with the forces of another contractor, and the CM/GC shall be fully responsible and liable for the costs of performing such Work by the Owner. Without limiting what else might constitute nonconforming Work, the existence of a gross safety violation or other situation or condition that creates, or could imminently create, a threat of serious harm to persons or property, shall constitute nonconforming Work and any order to stop the Work issued for such reason shall not be considered an interference with the CM/GC’s performance of the Work or its means and methods. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the CM/GC.

OWNER’S RIGHT TO STOP THE WORK. In the event the CM/GC fails or refuses to perform the Work as required or fails or refuses to correct nonconforming Work, the Owner may instruct the CM/GC to stop Work in whole or in part. Upon receipt of such instruction, the CM/GC shall immediately stop as instructed by the Owner and shall not proceed further until the cause for the Owner's instructions has been corrected, no longer exists or the Owner instructs that the Work may resume. In the event the Owner issues such instructions to stop, and in the further event that the CM/GC fails and refuses within seven (7) days of receipt of same to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, and without prejudice to other rights or remedies the Owner may have, to carry out the Work with its own forces or o r with the forces of another contractor, and the CM/GC shall be fully responsible and liable for the costs of performing such Work by the Owner. Without limiting what else might constitute nonconforming Work, the existence of a gross safety violation or other situation or condition that creates, or could imminently create, a threat of serious harm to persons or property, shall constitute nonconforming Work and any order to stop the Work issued for such reason shall not be considered an interference with the CM/GC’s performance of the Work or its means and methods. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the CM/GC.